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BERG v. HEALTH & HOSP. CORP. OF MARION COUNTY, IND.

No. IP 86-442-C.

667 F.Supp. 639 (1987)

Stanley BERG, Berg Investments, Inc., an Indiana corporation, d/b/a The Body Works, PFW, Inc., an Indiana corporation, et al., Plaintiffs, v. The HEALTH & HOSPITAL CORPORATION OF MARION COUNTY, INDIANA, Defendant.

United States District Court, S.D. Indiana, Indianapolis Division.

August 25, 1987.

Attorney(s) appearing for the Case

Jeffrey A. Been and Richard Kammen, Indianapolis, Ind., for plaintiffs.

Richard M. Knoth, David T. Kasper and Susan Mann, Health & Hosp. Corp. of Marion County, Indianapolis, Ind., for defendant.

ENTRY

DILLIN, District Judge.

This cause is before the Court on cross-motions for summary judgment. For the following reasons, the plaintiffs' motion is denied and the defendant's motion is granted.

Background

In February 1986, the Board of Trustees of The Health and Hospital Corporation of Marion County ("Health & Hospital") adopted General Ordinance No. 5-1985(A) in response to...

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